[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1305.2]

[Page 145-146]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1305_ELIGIBILITY, RECRUITMENT, SELECTION, ENROLLMENT AND ATTENDANCE 
IN HEAD START--Table of Contents
 
Sec. 1305.2  Definitions.

    (a) Children with disabilities means children with mental 
retardation, hearing impairments including deafness, speech or language 
impairments, visual impairments including blindness, serious emotional 
disturbance, orthopedic impairments, autism, traumatic brain injury, 
other health impairments or specific learning disabilities who, by 
reason thereof need special education and related services. The term 
``children with disabilities'' for children aged 3 to 5, inclusive, may, 
at a State's discretion, include children experiencing developmental 
delays, as defined by the State and as measured by appropriate 
diagnostic instruments and procedures, in one or more of the following 
areas: physical development, cognitive development, communication 
development, social or emotional development, or adaptive development; 
and who, by reason thereof, need special education and related services.
    (b) Enrollment means the official acceptance of a family by a Head 
Start program and the completion of all procedures necessary for a child 
and family to begin receiving services.
    (c) Enrollment opportunities mean vacancies that exist at the 
beginning of the enrollment year, or during the year because of children 
who leave the program, that must be filled for a program to achieve and 
maintain its funded enrollment.

[[Page 146]]

    (d) Enrollment year means the period of time, not to exceed twelve 
months, during which a Head Start program provides center or home-based 
services to a group of children and their families.
    (e) Family means all persons living in the same household who are:
    (1) Supported by the income of the parent(s) or guardian(s) of the 
child enrolling or participating in the program, and (2) related to the 
parent(s) or guardian(s) by blood, marriage, or adoption.
    (f) Funded enrollment means the number of children which the Head 
Start grantee is to serve, as indicated on the grant award.
    (g) Head Start eligible means a child that meets the requirements 
for age and family income as established in this regulation or, if 
applicable, as established by grantees that meet the requirements of 
section 645(a)(2) of the Head Start Act. Up to ten percent of the 
children enrolled may be from families that exceed the low-income 
guidelines. Indian Tribes meeting the conditions specified in 45 CFR 
1305.4(b)(3) are excepted from this limitation.
    (h) Head Start program means a Head Start grantee or its delegate 
agency(ies).
    (i) Income means gross cash income and includes earned income, 
military income (including pay and allowances), veterans benefits, 
Social Security benefits, unemployment compensation, and public 
assistance benefits. Additional examples of gross cash income are listed 
in the definition of ``income'' which appears in U.S. Bureau of the 
Census, Current Population Reports, Series P-60-185.
    (j) Income guidelines means the official poverty line specified in 
section 652 of the Head Start Act.
    (k) Indian Tribe means any Tribe, band, nation, pueblo, or other 
organized group or community of Indians, including any Native village 
described in section 3(c) of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602(c)) or established pursuant to such Act (43 U.S.C. 1601 et 
seq.), that is recognized as eligible for special programs and services 
provided by the United States to Indians because of their status as 
Indians.
    (l) Low-income family means a family whose total annual income 
before taxes is equal to, or less than, the income guidelines. For the 
purpose of eligibility, a child from a family that is receiving public 
assistance or a child in foster care is eligible even if the family 
income exceeds the income guidelines.
    (m) Migrant family means, for purposes of Head Start eligibility, a 
family with children under the age of compulsory school attendance who 
changed their residence by moving from one geographic location to 
another, either intrastate or interstate, within the preceding two years 
for the purpose of engaging in agricultural work that involves the 
production and harvesting of tree and field crops and whose family 
income comes primarily from this activity.
    (n) Recruitment means the systematic ways in which a Head Start 
program identifies families whose children are eligible for Head Start 
services, informs them of the services available, and encourages them to 
apply for enrollment in the program.
    (o) Recruitment area means that geographic locality within which a 
Head Start program seeks to enroll Head Start children and families. The 
recruitment area can be the same as the service area or it can be a 
smaller area or areas within the service area.
    (p) Responsible HHS official means the official of the U.S. 
Department of Health and Human Services having authority to make Head 
Start grant awards, or his or her designee.
    (q) Selection means the systematic process used to review all 
applications for Head Start services and to identify those children and 
families that are to be enrolled in the program.
    (r) Service area means the geographic area identified in an approved 
grant application within which a grantee may provide Head Start 
services.
    (s) Vacancy means an unfilled enrollment opportunity for a child and 
family in the Head Start program.

[57 FR 46725, Oct. 9, 1992, as amended at 58 FR 5518, Jan. 21, 1993; 63 
FR 12657, Mar. 16, 1998]